Colorado Court of Appeals Kicks the Can as to Whether HPA Voids Limitations-of-Liability Clauses in Residential A/E Contracts Between Construction Professionals
Colorado’s Homeowner Protection Act (the “HPA”) protects homeowners by voiding any contractual provision that would result in the waiver of a homeowner’s rights under the Construction Defects Action Reform Act. C.R.S. § 13-20-806(7)(a). But some have argued that this same law should also void certain waivers and releases in agreements between construction professionals working on residential projects. Recently, the Colorado Court of Appeals was faced with, but did not decide, this issue.
In 2013, the Colorado General Assembly passed HB 13-1138 – Concerning Benefit Corporations, and, In Connection Therewith, Making an Appropriation. Governor Hickenlooper signed the bill into law on May 5, 2013, to be effective April 1, 2014. The bill creates a new category of business operation in Colorado – benefit corporations are designed as for-profit corporations that can elect to pursue a humanitarian interest without contraventing the shareholders’ stake in maximizing profits.
Alvin Toffler defined Future Shock as “too much change in too short a period of time.” The book came out almost 45 years ago, the concept took awhile to gain momentum, but there’s no doubt it’s now in high gear. And a lot of people think the business of law is on the short list of industries likely to go the way of video cartridges and cassette tapes.
On Wednesday, February 26, 2014, the Colorado State Judicial Branch announced Rule Change 2014(03), amending subsection 10 of Colorado Rule of Evidence 803.
Each year, the CBA Trust & Estate Section presents its Sterling Ambler Award to an outstanding trust and estate attorney who has made significant and multitudinous contributions to the Trust & Estate Section and the legal profession. The Award is given to an individual who has contributed substantially to furtherance of Colorado law, education of others, and the Trust and Estate Section of the Colorado Bar Association. It is named in honor of R. Sterling Ambler, an exceptional attorney who practiced law in Colorado for over 50 years and who gave freely of his time and expertise to individual lawyers, to the Colorado Bar Association, and to the legal profession, until his death in 2004 at the age of 72.